Riyazurraheman Abdul Rahman v. The Sr. Police Inspector And ANR.
by CHITRA SANJAY SONAWANE Date:
2025.08.20 21:22:42 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 908-ABa-1221-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1221 of 2025 Riyazurraheman Abdul Rahman Age: 40 yrs, Occ : Business R/o Plot No.140, S.N.19, Mirza Galib Road, Islampura Ward, Malegaon Dist-Nashik ... Applicant.
Versus
1. Senior Police Inspector, Malegaon Police Station, Malegaon, Nashik.
2. The State of Maharashtra Through Chief Public Prosecutor, Prosecutor office High court, A.S.Bombay.
3. Mr Mayank Vinod Doshi Age: 39 yrs, Occ: Business, R/o 801, Allamanda Nahar Amrit Shakti, Chandivali, Andheri(E), Mumbai-400 072 ... Respondents.
--- Mr Mateen Shaikh for the applicants.
Mr PP Jadhav, APP for the respondents No.1 & 2 / State. Mr Kushal Mor for respondent No.3.
Coram : R.N.Laddha, J.
Date : 20 August 2025.
Page No. 1 of 4
Chitra Sonawane 908-ABa-1221-2025.doc P.C. :
Heard Mr Mateen Shaikh, the learned Counsel appearing on behalf of the applicant/ accused, Mr PP Jadhav, the learned Additional Public Prosecutor representing respondents No.1 and 2/ State, and Mr Kushal Mor, the learned Counsel appearing for respondent No.3/ informant.
2.
By this application, the applicant seeks pre-arrest bail in connection with CR No.246 of 2024, registered at Malegaon City Police Station, Nashik Rural, for the offence punishable under Section 420 of the Indian Penal Code. 3.
The learned Counsel appearing for the applicant and the learned Counsel appearing on behalf of respondent No.3 jointly submit that the dispute between the applicant and the informant has been amicably settled. The learned Counsel for respondent No.3/ the informant submits that the informant has received a partial sum, has no grievance, and expressed his no-objection to the grant of pre-arrest bail. To this effect, the informant and the applicant have executed consent terms dated 4 August 2025 and placed a copy thereof on record. The learned Counsel for the Page No. 2 of 4
Chitra Sonawane 908-ABa-1221-2025.doc contesting parties further submit that the parties undertake to abide by the terms of the consent terms. The learned APP submits that, in view of the settlement, appropriate orders may be passed.
4.
After perusing the records, it appears that the genesis of the offence stems from a business transaction. The involved parties, identified by their respective Counsel, have now reached a comprehensive settlement regarding their dispute. When questioned, the informant does not object to granting pre-arrest bail to the applicant and reiterates the contents of the consent terms dated 4 August 2025, which is taken on record and marked as 'X' for identification. The terms of the consent terms dated 4 August 2025 are accepted as an undertaking to this Court. In the circumstances, this Court is inclined to exercise its discretion in favour of the applicant. Hence, the following order:
ORDER
(i) In the event the applicant is arrested in connection with CR No.246 of 2024, registered at Malegaon City Page No. 3 of 4
Chitra Sonawane 908-ABa-1221-2025.doc Police Station, Nashik Rural, he shall be released on bail on furnishing a PR Bond of Rs.25,000/- with one or more sureties in the like amount.
(ii) The applicant shall abide by the undertaking given to this Court in the Consent Terms dated 4 August 2025 executed between the applicant and the complainant.
(iii) The applicant shall not tamper with the evidence of the prosecution in any manner and shall not influence the witnesses.
5.
Needless to say, violation of any of the aforesaid conditions would make the applicant liable to face proceedings for cancellation of anticipatory bail. It is also clarified that the observations made in this order are limited to the question of grant of anticipatory bail to the applicant in the present application.
6.
The application stands disposed of accordingly. [R. N. Laddha, J.] Page No. 4 of 4